Office of Public Sector Information
PART 1 continued
(1) The 1983 Act is amended as follows.
(2) Sections 90A (meaning of election expenses) and 90B (incurring of election expenses for purposes of section 90A), so far as applying in relation to a local government election in Scotland, are repealed.
(3) Before section 90C insert—
(1) This section applies in relation to a local government election in Scotland.
(2) In this Part of this Act, “election expenses”, in relation to a candidate at such an election, means any expenses incurred at any time in respect of any matter specified in Part 1 of Schedule 4B which is used for the purposes of the candidate’s election.
(3) For the purposes of subsection (2) above, it is immaterial whether any such matter is so used before or after the date when the candidate becomes a candidate at the election.
(4) No election expenses are to be regarded as incurred by virtue of subsection (2) above or section 90C below in respect of any matter specified in Part 2 of Schedule 4B.
(5) In this section and in section 90C below, “for the purposes of the candidate’s election” means with a view to, or otherwise in connection with, promoting or procuring the candidate’s election at the election.
(6) For the purposes of this Part of this Act so far as applying to a local government election in Scotland, election expenses are incurred by or on behalf of a candidate at the election if they are incurred—
(a) by the candidate or his election agent; or
(b) by any person authorised by the candidate or his election agent to incur expenses.
(7) In this Part of this Act so far as applying to a local government election in Scotland, any reference to election expenses incurred by or on behalf of a candidate at the election includes expenses—
(a) which are incurred as mentioned in subsection (2) above before the date when he becomes a candidate at the election; but
(b) which by virtue of that subsection and subsection (3) above fall to be regarded as election expenses.
(8) In this Part and in Part 3 of this Act so far as applying to a local government election in Scotland, any reference (in whatever terms) to promoting or procuring a candidate’s election at an election includes doing so by prejudicing the electoral prospects of another candidate at the election.”.
(4) Before Schedule 5 insert the Schedule set out in schedule 1 to this Act.
In section 132 of the Political Parties, Elections and Referendums Act 2000 (c. 41), subsection (6) (which restricts, in relation to local government elections in Scotland, modifications made by that section to section 76 of the 1983 Act relating to limitation of election expenses) is repealed.
(1) In section 81 of the 1983 Act (returns as to election expenses), subsection (3), so far as applying in relation to a local government election, is repealed.
(2) Before subsection (5) of that section, insert—
“(4A) In relation to a local government election in Scotland, the return shall also contain as respects that candidate—
(a) a statement relating to such expenses as the Scottish Ministers may by regulations prescribe, being expenses (other than election expenses) in connection with which provision is made by this Part;
(b) a statement relating to such claims as the Scottish Ministers may so prescribe, being claims (whether paid, unpaid or disputed) in connection with election expenses or expenses prescribed under paragraph (a);
(c) a statement relating to such other matters as the Scottish Ministers may so prescribe.
(4B) No regulations shall be made by the Scottish Ministers under subsection (4A) above unless a draft of the instrument containing the regulations has been laid before and approved by a resolution of the Scottish Parliament.”.
The following provisions of the 1983 Act and the 2000 Act (which provide for certain provisions of those Acts relating to anonymous entries not to apply in relation to local government elections in Scotland) are repealed, namely—
(a) in section 9B of the 1983 Act (anonymous registration), subsection (9),
(b) in section 128 of the 1983 Act (presentation of petition questioning local election), subsection (1B),
(c) in Schedule 4 to the 2000 Act (absent voting)—
(i) in paragraph 3, sub-paragraph (3A),
(ii) in paragraph 4, sub-paragraph (2B),
(iii) in paragraph 5, sub-paragraph (5), and
(iv) in paragraph 7, sub-paragraph (8B).
(1) This section applies to an application under any of the paragraphs of Schedule 4 (absent voting in Great Britain) to the 2000 Act specified in subsection (2) if the application is made for the purposes only of local government elections in Scotland or a particular local government election in Scotland.
(2) Those paragraphs are—
(a) paragraph 3(1) or (2) (applications to vote by post or proxy at elections for a definite or indefinite period),
(b) paragraph 4(1) or (2) (applications to vote by post or proxy at a particular election),
(c) paragraph 7(4) (applications to vote by post as proxy).
(3) A person making such an application (“the applicant”) must include in the application the applicant’s signature and date of birth.
(4) The registration officer must not grant any such application which does not include those details.
(5) However, the registration officer may, in relation to any such application, dispense with the requirement under subsection (3) to include the applicant’s signature if the officer is satisfied that the applicant is unable—
(a) to provide a signature because—
(i) of any disability the applicant has, or
(ii) the applicant is unable to read or write, or
(b) to sign in a consistent and distinctive way because of any such disability or inability.
(6) The registration officer must keep a record in relation to persons granted applications to which this section applies showing—
(a) their dates of birth, and
(b) except in cases where the officer has, under subsection (5), dispensed with the requirement for a signature, their signatures.
(7) The record kept under subsection (6) must be retained by the registration officer for such period as the Scottish Ministers may by regulations prescribe.
(1) This section applies to a person—
(a) who is included in the record kept under paragraph 3(4) or 7(6) (record of persons granted applications to vote by post or proxy or by post as proxy for definite or indefinite period) of Schedule 4 to the 2000 Act, and
(b) whose signature is shown on the record kept under section 21(6).
(2) Such a person may, at any time, provide the registration officer with a fresh signature.
(3) The Scottish Ministers may by regulations make provision—
(a) enabling the registration officer, in such circumstances as may be prescribed in the regulations, to require any person to whom this section applies to provide a fresh signature,
(b) as to the consequences of such a person refusing or failing, in such circumstances as may be so prescribed, to comply with such a requirement.
(4) Where a person provides a fresh signature by virtue of this section, the registration officer must amend the record kept under section 21(6) in relation to that person so as to replace the existing signature with the fresh signature.
(1) The registration officer must either—
(a) provide the returning officer for a local government election in Scotland with a copy of any information contained in records kept by the officer under section 21(6) in relation to any electors at the election, or
(b) give the returning officer access to such information.
(2) A registration officer may disclose information contained in records kept by the officer under section 21(6) to—
(a) any other registration officer if the officer disclosing it thinks that to do so will assist the other officer in the performance of the other officer’s duties,
(b) any person exercising functions in relation to the preparation or conduct of legal proceedings under the Representation of the People Acts or any other enactment relating to the conduct of elections, or
(c) such other persons, and for such purposes, as the Scottish Ministers may by regulations prescribe.
(1) The Scottish Ministers may by regulations make provision—
(a) enabling the registration officer, in such circumstances as may be prescribed in the regulations, to require an existing absent voter to provide the officer with the voter’s signature and date of birth,
(b) as to the consequences of such a voter refusing or failing, in such circumstances as may be so prescribed, to comply with such a requirement.
(2) The references in subsection (1) to an existing absent voter are references to a person granted, before section 21 came into force, an application to which that section would have applied had it been in force at the time the application was made.
(3) Subsection (6) of section 21 applies in relation to persons who have complied with a requirement imposed by virtue of subsection (1) of this section as it applies in relation to persons granted applications to which that section applies.
In section 5(4) (pilot schemes for local elections) of the Scottish Local Government (Elections) Act 2002 (asp 1), after paragraph (a) insert—
“(aa) for ballot papers issued at the elections to contain photographs of the candidates;”.
(1) A returning officer for a local government election may take such steps as the officer thinks appropriate to encourage the participation by electors in local government elections in the area for which the officer acts.
(2) Such an officer must have regard to any guidance issued by the Scottish Ministers for the purposes of this section.
(3) The Scottish Ministers may reimburse a returning officer in respect of any expenditure incurred by the officer for the purposes of this section.
(4) The total amount paid under subsection (3) must not in any year exceed such amount as is determined in accordance with regulations made by the Scottish Ministers.
(1) In section 61 of the 1983 Act (certain voting offences), before subsection (7) insert—
“(6B) A person is not guilty of an offence under subsection (2)(b) or (3)(b) above by reason only of having marked or tendered a ballot paper at a local government election in Scotland in pursuance of any provision—
(a) made under section 3(1) of the Local Governance (Scotland) Act 2004 (asp 9) as to the conduct of elections of councillors; and
(b) which entitles him to do so despite the fact that he is or may be entitled to vote by post at the election.”.
(2) In Schedule 4 to the 2000 Act (absent voting in Great Britain)—
(a) in paragraph 2 (manner of voting at parliamentary or local government elections), before sub-paragraph (7) insert—
“(6B) Sub-paragraph (2) above does not prevent a person, at the polling station allotted to him at a local government election in Scotland, marking a tendered ballot paper in pursuance of any provision—
(a) made under section 3(1) of the Local Governance (Scotland) Act 2004 (asp 9) as to the conduct of elections of councillors, and
(b) which entitles him to do so despite the fact that he is or may be entitled to an absent vote at the election.”,
(b) in paragraph 7 (voting as proxy), at end insert—
“(14) Sub-paragraph (2) above does not prevent a person entitled to vote as proxy for another, at the polling station allotted to him at a local government election in Scotland, marking a tendered ballot paper in pursuance of any provision—
(a) made under section 3(1) of the Local Governance (Scotland) Act 2004 (asp 9) as to the conduct of elections of councillors, and
(b) which entitles him to do so despite the fact that he is or may be entitled to vote by post as proxy.”.
(1) In section 81 of the 1983 Act (return as to election expenses), after subsection (10A) insert—
“(10B) In the application of subsection (10A) in relation to a local government election in Scotland, the reference to the Electoral Commission is to be read as if it were a reference to the Scottish Ministers.”.
(2) In section 138(2) of the Political Parties, Elections and Referendums Act 2000 (c. 41) (which restricts, in relation to local government elections in Scotland, the effect of amendments to the 1983 Act made by Schedule 18 (election campaigns and proceedings) of that Act), for “Schedule 18 (other than paragraphs 8 and 15(a))” substitute “paragraphs 7(4), 9, 14, 17, 18 (other than sub-paragraph (1)(b)) and 19(7) of Schedule 18”.
(3) In section 158(3)(a) of that Act (which restricts, in relation to local government elections in Scotland, the effect of repeals relating to the 1983 Act) for “section 82(4)” substitute “those relating to sections 72, 73, 79, 81, 82, 101 to 105, and 108 and Schedule 3”.
(1) Section 110 of the 1983 Act (printer’s name and address on election publications), so far as applying in relation to a local government election in Scotland, is repealed.
(2) Before section 111 of the 1983 Act insert—
(1) This section applies to any material which can reasonably be regarded as intended to promote or procure the election of a candidate at a local government election in Scotland (whether or not it can be so regarded as intended to achieve any other purpose as well).
(2) No material to which this section applies is to be published unless—
(a) in the case of material which is, or is contained in, such a document as is mentioned in subsection (4), (5) or (6) below, the requirements of that subsection are complied with; or
(b) in the case of any other material, any requirements falling to be complied with in relation to the material by virtue of regulations under subsection (7) below are complied with.
(3) For the purposes of subsections (4) to (6) below the following details are “the relevant details” in the case of any material falling within subsection (2)(a) above, namely—
(a) the name and address of the printer of the document;
(b) the name and address of the promoter of the material; and
(c) the name and address of any person on whose behalf the material is being published (and who is not the promoter).
(4) Where the material is a document consisting (or consisting principally) of a single side of printed matter, the relevant details must appear on the face of the document.
(5) Where the material is a printed document other than one to which subsection (4) above applies, the relevant details must appear on either the first or the last page of the document.
(6) Where the material is an advertisement contained in a newspaper or periodical—
(a) the name and address of the printer of the newspaper or periodical must appear on either its first or last page; and
(b) the relevant details specified in subsection (3)(b) and (c) above must be included in the advertisement.
(7) The Scottish Ministers may by regulations make provision for and in connection with the imposition of requirements as to the inclusion in material falling within subsection (2)(b) above of the following details, namely—
(a) the name and address of the promoter of the material; and
(b) the name and address of any person on whose behalf the material is being published (and who is not the promoter).
(8) Regulations under subsection (7) above may, in particular, specify—
(a) the manner and form in which such details are to be included in any such material for the purpose of complying with any such requirement;
(b) circumstances in which—
(i) any such requirement does not have to be complied with by a person of any description specified in the regulations; or
(ii) a breach of any such requirement by a person of any description so specified is not to result in the commission of an offence under this section by that person or by a person of any other such description;
(c) circumstances in which material is, or is not, to be taken for the purposes of the regulations to be published or (as the case may be) published by a person of any description so specified.
(9) Regulations under subsection (7) may contain such incidental, supplemental, saving or transitional provision as the Scottish Ministers think fit.
(10) A statutory instrument containing regulations under subsection (7) above is subject to annulment in pursuance of a resolution of the Scottish Parliament.
(11) Where any material falling within subsection (2)(a) above is published in contravention of subsection (2), then (subject to subsections (13) and (14) below)—
(a) the promoter of the material;
(b) any other person by whom the material is so published; and
(c) the printer of the document,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(12) Where any material falling within subsection (2)(b) above is published in contravention of subsection (2), then (subject to regulations made by virtue of subsection (8)(b) above and to subsections (13) and (14) below)—
(a) the promoter of the material; and
(b) any other person by whom the material is so published,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(13) It shall be a defence for a person charged with an offence under this section to prove—
(a) that the contravention of subsection (2) above arose from circumstances beyond his control; and
(b) that he took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise.
(14) Where a candidate or his election agent would (apart from this subsection) be guilty of an offence under subsection (11) or (12) above, he shall instead be guilty of an illegal practice.
(15) In this section—
“print” means print by whatever means, and “printer” shall be construed accordingly;
“the promoter”, in relation to any material to which this section applies, means the person causing the material to be published;
“publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means.
(16) For the purpose of determining whether any material is material such as is mentioned in subsection (1) above, it is immaterial that it does not expressly mention the name of any candidate.”.
(1) The 1983 Act is amended as follows.
(2) In section 119(2) (computation of time for purposes of Part 2), the words “Maundy Thursday” are repealed.
(3) The amendment made by subsection (2) extends to section 119(2) only so far as it applies for the purposes of a local government election in Scotland.
In the 1983 Act, before section 200 insert—
(1) Subsections (2) and (3) below apply to any document which, under or by virtue of this Act, is required or authorised to be given to voters or displayed in any place for the purposes of a local government election in Scotland.
(2) The person who is required or authorised to give or display the document must, as he thinks appropriate, also give or display or otherwise make available in such form as he thinks appropriate—
(a) the document in Braille;
(b) the document in languages other than English;
(c) graphical representations of the information contained in the document;
(d) other means of making the information contained in the document accessible to persons who might not otherwise have reasonable access to the information.
(3) The person required or authorised to give or display the document must also, as he thinks appropriate, make available the information contained in the document in such audible form as he thinks appropriate.
(4) Subsections (2) and (3) above do not apply to—
(a) the nomination paper; or
(b) the ballot paper.”.
In paragraph 2 of Schedule 4 to the 2000 Act (absent voting in Great Britain)—
(a) before sub-paragraph (6) insert—
“(5B) In relation to a local government election in Scotland, nothing in the preceding provisions of this paragraph applies to a person to whom section 7 of the 1983 Act (mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, whether he is registered by virtue of that provision or not; and such a person may vote—
(a) in person (where he is granted permission to be absent from the hospital and voting in person does not breach any condition attached to that permission), or
(b) by post or by proxy (where he is entitled as an elector to vote by post or, as the case may be, by proxy at the election).”,
(b) in sub-paragraph (6), paragraph (a) and the “or” following it, so far as applying in relation to a local government election in Scotland, are repealed.
The Scottish Ministers may by regulations make provision with respect to—
(a) the procedure to be followed in the preparation of any special lists or records required by the 1983 Act in connection with a local government election, and
(b) the time, place and manner of publication of such special lists or records.
(1) The following provisions of the 1983 Act, so far as they apply in relation to a local government election in Scotland, are amended as follows—
(a) in section 65 (tampering with nomination papers, ballot papers etc.), in subsection (1)(b), after “or any” insert “postal voting statement or”,
(b) in section 66 (requirement of secrecy), in each of the following provisions, after “number” insert “or other unique identifying mark”—
(i) subsection (2)(a),
(ii) subsection (3)(c),
(iii) subsection (4)(b) and (c), and
(iv) subsection (5).
(2) In section 160 of the 1983 Act (persons reported personally guilty of corrupt or illegal practices), the following provisions are repealed—
(a) in subsection (5A), the words “to subsection (5B) below and”, and
(b) subsection (5B).
(3) In section 173A of the 1983 Act (incapacity to hold public or judicial office in Scotland), the following provisions are repealed—
(a) in subsection (1), the words “to subsection (3) and”, and
(b) subsection (3).
(4) In Schedule 2 (provisions which may be contained in regulations as to registration etc.) to the 1983 Act, after paragraph 12 insert—
“12A Regulations under section 53 making provision as mentioned in paragraph 12 in relation to a local government election in Scotland may also make provision authorising the cancellation or removal of ballot papers at such an election in any prescribed circumstances;”.
(5) In paragraph 3(3)(b) of Schedule 4 to the 2000 Act (eligibility to vote by proxy at parliamentary or local government elections), the words “or, in the case of local government elections in Scotland, by reason of blindness or other physical incapacity” are repealed.
(6) In section 3 of the Local Governance (Scotland) Act 2004 (asp 9), after subsection (2) insert—
“(2A) For the avoidance of doubt, not every order made under subsection (1) need include provision of the type mentioned in subsection (2).”.
Schedule 2, which makes minor and consequential modifications, has effect.
(1) In this Part—
“the 1983 Act” means the Representation of the People Act 1983 (c. 2),
“the 2000 Act” means the Representation of the People Act 2000 (c. 2).
(2) Any word or expression used in this Part which is also used in the 1983 Act has the same meaning for the purposes of this Part as it has for the purposes of that Act.
(3) Subsection (2)—
(a) does not apply to any reference to “enactment”, and
(b) is subject to section 7(9).
Local Electoral Administration and Registration Services (Scotland) Act 2006